State files review petition against SC forest land nod





Wants To Protect Green Cover But Residents Upset

In a move that may spell trouble for more than 3 lakh people who bought property on land deemed private forest, the government has filed a review petition against a Supreme Court order that allows residents to live there. But those residing there are upset with the state's decision, maintaining that there was nothing illegal about the properties in the green belt.

The revenue and forest department has moved the apex court, asking it to review the removal of "private forest" tag to swatches of land across the state, including Mulund, Bhandup, Borivli, Kanidvli, Thane, Virar, Badlapur and Ambernath.
"The forest cover is much less than the national average. Allowing regularization of constructions on forest land will lead to further depletion of the green cover. The department also feels that owing to ambiguity in forest rules, the law has not been interpreted properly . So the state has filed a review petition," a senior forest department official in Thane said. The review petition was filed in April. "The subject will come up for hearing only after court reopens following vacation."

The SC last year set aside a 2008 Bombay high court judgment that had declared houses built on plots deemed private forest land in Mumbai and Thane as illegal. The apex court said the administration could not demolish constructions on the green belt by declaring them "private forest" and issuing notice under section 35 (3) of the Indian Forest Act, 1927. The properties were to be regularized.

The state's recent effort to review the SC order has not gone down well with residents. "The government collects taxes from residents. This shows that there is no illegality. Despite knowing that it is wrong, the state has gone ahead and filed a review pet ition. This is nothing but harassment by the bureaucracy ," said Thane resident Pandharinath Samant. "What were revenue and forest officials doing when the urban development department and the civic bodies gave permissions and clearances to developers for building and registering the houses?" Now with the filing of the review petition, the process of regularizing the houses has also been put on hold. "The status quo on the issue continues as the DF government awaits Supreme Court's verdict on the review petition," the official said.

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END OF STOREY Chavan now offers Campa residents hope





Fresh Petition Comes Up For Hearing In SC

Maharashtra chief minister Prithviraj Chavan offered Campa Cola's residents hope as they braced themselves and placed their faith in the Supreme Court, where their fresh plea to protect nearly 100 flats from demolition is up for hearing on Tuesday .

The Brihanmumbai Municipal Corporation (BMC) on Monday mulled over whether to ask the SC to start contempt proceedings against the residents, besides directing them to move out.

Chavan, at a cabinet meeting on Monday , directed the chief secretary and law secretary to see if the state could intervene. Deputy chief minister Ajit Pawar, minorities minister Naseem Khan, minister of state for housing & slum development Sachin Ahir and others sought the state's "immediate intervention". Khan and Ahir said that even the SC had told the state and BMC to suggest ways to resolve the row, and the state must not miss the opportunity .

Pawar raised the issue after legislative council members, including opposition leader Vinod Tawde and Ashish Shelar, suggested that the state intervene. The BMC had told occupants of the illegal flats to hand over their keys by June 2. Shelar suggested that new attorney general Mukul Rohatgi's help be taken. Rohatgi was the residents' counsel in the SC before his appointment as AG in the new BJP-led NDA government at the Centre.

Political observers said the state's suddenly proactive stand appeared to stem from the rout of the Congress and NCP in the Lok Sabha election, with an eye on the state as sembly election.

Campa's residents spent Monday in meetings and completing paper work with their new lawyer, Himanshu Shekhar. Their main plea was to buy time till the regular bench of the SC can hear their plea on merit again, with facts not presented in court so far. The SC had set a May 31 deadline for the residents to vacate.

The BMC had given them time till June 2 but had not received a single key till 5pm on Monday . It plans to approach the apex court within two days to seek their eviction. It has a report ready on steps it took to demolish the illegal floors and the fight put up by Campa residents to extend the deadline.

"The court has always been sympathetic to the residents. We will tell the court that despite it giving them an extension to vacate twice, they have not done so," a senior civic official said.

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